GAHC010021112024 2026:GAU-AS:2522 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/620/2024 SUPRITI BHOWMICK DAUGHTER OF SOUBIR KUMAR BHOMICK, RESIDENT OF NATUNPARA COLLEGE ROAD, WARD NO. 16, NEAR ANANDA APARTMENT, BONGAIGAON, ASSAM, PIN- 783380 VERSUS THE GAUHATI UNIVERSITY AND 2 ORS GOPINATH BORDOLOI NAGAR, JALUKBARI, GUWAHATI- 781014, DISTRICT- KAMRUP (M), ASSAM, REPRESENTED BY ITS REGISTRAR

2:THE CONTROLLER OF EXAMINATIONS GAUHATI UNIVERSITY GOPINATH BORDOLOI NAGAR JALUKBARI GUWAHATI- 781014 DISTRICT- KAMRUP (M)

ASSAM

3:THE DIRECTOR INSTITUTION OF DISTANCE AND OPEN LEARNING GAUHATI UNIVERSITY (GUIDOL)

GOPINATH BORDOLOI NAGAR JALUKBARI GUWAHATI- 781014 DISTRICT- KAMRUP (M)

ASSA Advocate for the Petitioner : MR. SURAJIT DAS, MR SARFRAZ NAWAZ,MR S A BARBHUYAN,MR. A R GOGOI Advocate for the Respondent : SC, G U, BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

17/02/2026 Heard Mr. S Das, learned counsel for the petitioner and Mr. P J Phukan, learned Standing counsel, Gauhati University, appearing for the respondents.

2. The petitioner in the present proceedings has presented a challenge to a notice dated 09.10.2023, issued by the Controller of Examination, Gauhati University, inviting applications from candidates/learners for appearing in the Betterment/Back Examination amongst others for Master in Arts course under Gauhati University Center for Distance and Online Education.

3. The grievance of the petitioner is that the said notice had limited the participation in the Betterment/Back Examination to only candidates of the academic Session 2019-2020, thereby, excluding the petitioner from the purview thereof, inasmuch as, she had enrolled for the course during the academic Session 2018-2019.

The petitioner had enrolled for pursuing her Masters in Arts with English as a major subject in distance mode from the Institute of Distance and Open Learning, Gauhati University during the academic Session 2018-2019. The 1^st Semester Examination for the said course was held from 10.03.2019 to 07.04.2019. Out of the 5 (five) papers involved in the 1^st Semester, the petitioner had appeared in 4 (four) of the papers. However, in the 3^rd paper, examination for which was held on 24.03.2019, it is projected that the petitioner was unable to appear as she had appeared in the competitive examination for the post of Judicial Assistant conducted by this Court on the same day. Out of the 4 (four) papers, wherein, the petitioner had appeared, it is projected that the petitioner had cleared only 2 (two).

Accordingly, the result of the petitioner for the 1^st Semester was declared to be incomplete.

It is projected that in terms of the procedure mandated, a student is to pass all his/her Semester Examinations, including repeat and betterment chances within 4 (four)

years from the date of admission into Master of Arts in the 1^st Semester course. A student is also projected to get a maximum three chances to clear a paper in a particular semester.

The University authorities on account of outbreak of Novel Corona Virus (COVID-19) in the year 2020 had not conducted any examination, although, a notice was issued on 05.03.2020 for the Back/Betterment Examination for the 1^st Semester course in Master in Arts (English), which was, thereafter, being extended from time to time. The examination was actually held in the month of January, 2021. The petitioner did not appear in the 1^st Semester Back/Betterment Examination and has projected that at the relevant point of time, she was appearing in her 3^rd Semester Examination, which was also held at the same period of time. Thereafter, the 1^st Semester Back/Betterment Examination was notified in the year 2022 and the said examination was held in the year 2022 itself. The petitioner projects that she being involved in a divorce proceedings instituted before the Court of the District Judge, Bongaigaon, was not in a position to appear in the said examination.

The petitioner proj